Monkey Music Club

Monkey Music Club


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1. Important Notice

These Website Terms of Use apply to your use of the Monkey Music website (“website”) and should be read in conjunction with our Privacy Notice at https://www.monkeymusic.co.uk/privacy-notice and our Cookie Policy at https://www.monkeymusic.co.uk/cookie-policy which tell you how we collect and use personal data you provide to us or which we collect.

By accessing or using the website, you confirm you have read, understood and agree to be legally bound by these terms, our Privacy Notice and our Cookies Policy each time you access the website. If you do not agree to these terms, the Privacy Notice and/or the Cookies Policy, please do not use the website.

We reserve the right to change these terms at any time without notice. It is your responsibility to check the terms regularly in order to be aware of any changes which we make. By continuing to access or use this website after the terms have changed, you are agreeing that you have read, understood and agree to be bound by the updated terms.

2. Information about us

This website is a site operated by Monkey Music Limited, a company incorporated in England and Wales with company number 03155505. Our registered office is at: 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, United Kingdom AL5 3NS. Our VAT number is 685 1332 30.

To contact us, please email [email protected].

3. Use of the website

You must use this website for lawful purposes only. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

You may not use our website:

  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at 10 below; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.

You must not, without first obtaining our express written consent:

  • remove any copyright, trademark or other intellectual property notices;
  • use the website to transmit or procure the sending of any unsolicited or unauthorised spam or advertising material;
  • seek to interfere or damage the website or its content;
  • frame, embed, harvest, scrape data from or link to this website or its content or use the material on this website, or any part of it, on any other website or social media platform.

4. Content on this website

The content of the pages of this website is for your general information and use only. We reserve the right to alter, remove or update materials and information on this website at any time without notice.

Neither we nor any third parties provide any warranty or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5. Availability of the website

We reserve the right to suspend access to all or part of the website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

To the extent permitted by law, we accept no liability if the website becomes either temporarily or permanently unavailable. In addition, we do not warrant that the functions or materials on, or accessed from, this website shall be uninterrupted or free from errors.

6. Ownership of the website

This website contains materials to which the intellectual property rights are owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, photographs, graphics, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved. If you acquire any rights in or to the website or materials on it, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably waive all moral rights you may have acquired.

Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

7. Viruses and hacking

We do not warrant that the website, its content or the server(s) that make it available are error or virus free of other harmful components. You are accessing this website at your own risk and to the extent permitted by law and subject to 13 below, we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from this website.

You are solely responsible for ensuring that you have suitable equipment, security and virus protection in place before using this website.

You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not introduce viruses, Trojan horses, worms, logic bombs, spyware, adware or other harmful materials to this website, which may adversely affect the operation of any computer, program or this website.

8. Linking to and from this website

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9. User-generated content

This website may include photographs and other materials uploaded by other users of the website.

If you wish to complain about content uploaded by other users, please contact us on [email protected].

Whenever you make use of a feature that allows you to upload content to our website you must comply with the content standards set out in Section 10.

You warrant that any upload by you complies with those standards. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential. Although you retain all of your ownership rights in your content, when you upload content to our website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (including the right to sub-licence) to use the content for the purposes of promoting our business including  our website and to, reproduce, distribute, prepare derivative works of, display and perform that user-generated content in connection with our website, our business and across different media.

We also have the right to disclose your identity to any third-party who claims that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or their right to privacy.

We have the right to refuse or remove any content you upload on our website if, in our opinion, your content does not comply with the standards set out in these terms of use.

10. User-generated content standards

These standards apply to any and all material you contribute to our site (“Contribution”). The standards must be complied with in spirit as well as to the letter and apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches these standards.

A Contribution must be accurate (where it states facts), be genuinely held (where it states opinion) and comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • give the impression that the Upload emanates from us, if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
  • contain any advertising or promote any services or web links to other sites.

11. Breach of these terms

Where we consider that a breach of these terms has occurred we may take all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our website;
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our website;
  • issue a warning to you;
  • legal proceedings against you for reimbursement of all loss and damage (including costs suffered or incurred by us) on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to a breach of these terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem to be appropriate.

12. Passwords

There are sections of this website that can only be accessed by users who have been given a password. If we do provide you with a user name and password, it is your responsibility to ensure that these details are kept confidential at all times and you must not disclose your password to any third party.

In the event that a third party gains access to your username or password, you should notify us immediately at [email protected]. We are not liable for any loss resulting from your failure to protect the confidentiality of your user name or password.

13. Our liability

If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted, accessed or used this website and accepted these terms in doing so. We do not accept liability for any loss or damage which was not foreseeable.

To the extent we may lawfully do so, we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity. However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability that cannot be excluded or limited under applicable law. 

Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

14. Laws

If any of these terms are found to be invalid by any court or regulator, the other terms shall continue to apply.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

No waiver shall constitute a waiver of any other terms. No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.

Terms of Use for Monkey Music at Home

1THESE TERMS OF USE

1.1These terms of use apply to your access and use of our Monkey Music at Home service irrespective of the delivery platform (whether this is our website or a third party platform such as Vimeo, YouTube or Zoom) or device you use to access it.

1.2These terms incorporate our other important terms and policies as applicable to your use of Monkey Music at Home (together, the “Monkey Music Terms and Policies”). including our:

1.2.1Privacy Notice at https://www.monkeymusic.co.uk/privacy-notice - which tells you how we collect and use personal data you provide to us or which we collect;

1.2.2Cookie Policy at https://www.monkeymusic.co.uk/cookie-policy - which tells you how we use cookies and other similar technologies throughout the Monkey Music website;

1.2.3Website Terms of Use at https://www.monkeymusic.co.uk/terms-use - which apply to your use of the Monkey Music website; and

1.2.4Booking Terms which apply to the experiences offered by Monkey Music, including the online classes offered through Monkey Music at Home (to the extent that these are applicable), where these terms of use differ from the Booking terms then these terms of use take priority.

1.3Please note that we may update and amend these terms of use from time to time. By registering, accessing and using Monkey Music at Home you confirm you have read, understood and agree to be legally bound by these terms of use and the Monkey Music Terms and Policies in their entirety each time you access Monkey Music at Home. If you do not agree to these terms and/or the Monkey Music Terms and Policies, please do not use Monkey Music at Home.

2ABOUT US

2.1Monkey Music at Home is operated by Monkey Music Limited (“Monkey Music”, “us” or “we”), a company incorporated in England and Wales with company number 03155505. Our registered office is at: 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, England, AL5 3NS.

2.2As set out in our Booking Terms, Monkey Music is a franchised business and all of the Monkey Music experiences are provided by our independent franchisees. Therefore any Monkey Music at Home classes you book will be provided by one of our franchisees (whose details will be provided on the booking confirmation email sent to you once your booking is accepted) and not by Monkey Music Limited.  Please see our Booking Terms for further details. References to we or us therefore includes our franchisees where applicable.

2.3The legal contract in relation to your booking for a Monkey Music at Home class is between you and the franchisee fulfilling your booking request not with us and we are not liable for the acts or omission of your franchisee. Your booking is nevertheless subject to these conditions.

3HOW TO CONTACT US OR YOUR FRANCHISEE

3.1You can contact us by telephoning us on 01582 766464 or by emailing us at [email protected] or by writing to us at 11/12 Thrales End Business Centre, Thrales End Lane, Harpenden, Hertfordshire, AL5 3NS.

3.2Any queries you have in respect of your booking however must be directed to your franchisee not us. You can contact your franchisee using the details shown on your booking confirmation email and on the webpage or email link you used to make the booking request.

4THE MONKEY MUSIC AT HOME SERVICE

4.1Monkey Music at Home offers you the opportunity to view Monkey Music classes, workshops, events and other audio-visual content (recorded or livestreamed depending on availability) (referred to below as Monkey Music Content).

4.2The Monkey Music at Home service is offered as an alternative to the face-to-face Monkey Music classes you would otherwise have attended.  A timetable of available Monkey Music at Home classes will be available to view online at the Monkey Music website www.monkeymusic.co.uk.  Please note however that numbers may be limited for each Monkey Music at Home classes and are therefore subject to availability.

4.3Whilst we anticipate that, some of the Monkey Music at Home classes will be carried out in a live streaming format this may not always be the case and instead recorded Monkey Music Content may be substituted.  We do not guarantee that the Monkey Music at Home classes you have booked will be in a live streaming format.

4.4Unless you have been emailed a link to Monkey Music at Home as a substitution for a class at a venue which your franchisee is unable to provide due to an event outside of its control, you must make a booking in accordance with our Booking Terms in the same way as you would book any other Monkey Music experience. To use the Monkey Music at Home service you must have registered online at www.monkeymusic.co.uk

.5If you are booking to view Monkey Music at Home, you will be emailed a link to access Monkey Music at Home. If you are accessing the booked Monkey Music at Home classes via a third party platform such as Zoom, you will be emailed an invitation to join the live streamed classes. In each case the invitation will have a limited time period within which it can be used. After this time period if you have not used your link or invitation then you may not be entitled to a refund except in the circumstances set out in our Booking Terms of your right to cancel set out below.

1.RIGHT TO CANCEL

4.6The following rights of cancellation will not apply if your access to Monkey Music at Home has been provided as a substitute for a face to face class in a physical environment at a venue which your franchisee is unable to provide due to an event outside of its control.

4.7Subject to 5.1, if you change your mind and wish to cancel any booking you have made for Monkey Music at Home then you may do so at any time within 15 days from the date of your booking unless you have started to download, stream, watch or listen to the Monkey Music Content you booked. Once you start to download, stream, watch or listen to the booked Monkey Music Content, you cannot cancel your order, and you will not receive a full or partial refund for your order. To exercise your right you must inform the franchisee you made the booking with within the cancellation period or complete our cancellation form (please ask your franchisee for a copy.

4.8All other rights to terminate and terms of refunds are as set out in our Booking Terms.

2.YOUR USE OF MONKEY MUSIC AT HOME

1.To be able to view Monkey Music Content using Monkey Music at Home, you must have a compatible device and an active broadband internet connection or mobile network connection. It is your responsibility to ensure that your equipment, systems and connection are suitable to enable you to access Monkey Music at Home before you decide to make a booking. We are not responsible in any way for your ability to view Monkey Music Content.

2.You are responsible for any costs and other charges or expenses charged by your internet service provider or network operator in relation to your internet service, your mobile service and any use of Monkey Music at Home.

4.9You must not access or use Monkey Music at Home in any way that breaches any applicable local, national or international law or regulation and you must view, use and display the Monkey Music Content for personal purposes only and in accordance with these terms of use. The Monkey Music at Home service may not be used in connection with any commercial purposes, except as specifically approved by Monkey Music.

3.You must not (without our prior consent):

1.copy (including filming, recording and/or downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the Monkey Music Content, either in whole or in part;

4.9.1share or otherwise allow access to your booking or the Monkey Music Content with anyone else who has not paid or registered for the Monkey Music Content which is the subject of the booking;

2.remove any copyright, trademark or other intellectual property notices;

3.seek to interfere or damage Monkey Music at Home or the Monkey Music Content;

4.frame, embed, harvest, scrape data from or link to Monkey Music at Home or the Monkey Music Content or use the Monkey Music Content on any other website or social media platform.

4.You agree that you will comply with our reasonable instructions regarding your use of Monkey Music at Home.

4.10You agree to compensate us for any loss or damage we suffer as a result of any claim made by another person or entity, which arises from your unauthorised use of Monkey Music at Home or your violation of any applicable law or regulation.

3.MONKEY MUSIC CONTENT

1.We reserve the right to alter, remove or update the Monkey Music Content and/or the functionality of Monkey Music at Home at any time, with or without reason and without notice.

2.All Monkey Music Content is subject to change. We cannot and do not guarantee that any particular piece of Monkey Music Content will be available on Monkey Music at Home, even if it was available previously.

3.Monkey Music at Home and the Monkey Music Content is provided for your use "as is" without any warranty (whether express or implied) of any kind.

4.11All intellectual property rights in Monkey Music at Home and all Monkey Music Content shall remain at all times the property of Monkey Music or our licensors (if applicable). The names, images and logos identifying us are proprietary marks and may not be reproduced or otherwise used without our prior permission in writing.

4.12Nothing in these terms of use give you either expressly or by implication any right to use our intellectual property rights (except the limited right to view in accordance with these terms of use).

4.13You do not acquire any ownership rights in any Monkey Music Content by accessing Monkey Music at Home.

4.AVAILABILITY

1.We reserve the right to suspend access to all or part of Monkey Music at Home or close the service indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

2.To the extent permitted by law, we accept no liability if Monkey Music at Home becomes either temporarily or permanently unavailable.

3.In addition, we do not warrant that your access to Monkey Music at Home or the Monkey Music Content shall be uninterrupted or free from errors. Further, from time to time, we may temporarily suspend or remove Monkey Music at Home for technical, maintenance or operational reasons.

5.VIRUSES AND HACKING

1.We do not warrant that Monkey Music at Home, the Monkey Music Content or the server(s) that make them available are error or virus free or free of other harmful components.  You are accessing Monkey Music at Home at your own risk and to the extent permitted by law.

2.Subject to clause 13.1 we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from Monkey Music at Home.

3.You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the website.

4.You must not intentionally interfere with or damage the operation of Monkey Music at Home or any user’s enjoyment of it, by any means. This includes not introducing viruses, trojan horses, worms, or other harmful materials to Monkey Music at Home or participating in any denial-of-service type attacks.

6.THIRD-PARTY SITES AND SERVICES

1.Monkey Music at Home may be accessible from or link to other third party sites, services and platforms over which we have no control and are not responsible for. We do not endorse the material contained in any third party’s sites or services (other than the Monkey Music Content). 

4.14These terms of use do not govern your relationship with any third parties (such as Vimeo, YouTube and Zoom). Before you use any third party website, service or platform, you should review their applicable terms of use and policies for such website, service or platform. Your use of Monkey Music at Home may be subject to third parties’ usage rules.

4.15You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites, services and platforms.

4.16You agree that you will not involve us in any dispute you may have with such third parties’ sites, services and platforms.

5YOUR CONTENT

5.1In using Monkey Music at Home (including through any third party website, service or platform), you agree that you are solely responsible for any content sent or transmitted by you or displayed, streamed or uploaded by you and in doing so will comply with all applicable laws.

5.2In uploading any content to Monkey Music at Home (through any platform or device) you promise that you have all necessary rights to do so and such use does not violate or infringe any rights of any third party.

5.3We will not be liable in any way for any content that you transmit while using Monkey Music at Home.

5.4By allowing your child(ren) to participate in and use Monkey Music at Home service, you are responsible for your child’s(ren’s) participation. You acknowledge that in a live streaming and interactive Monkey Music at Home class, your child(ren) may be visible to the other members who are booked for that class. You are responsible for your child’s(ren’s) activity and behaviour in participating in any Monkey Music at Home class.

5.5Please see our Privacy Notice for further information on how we collect and use your data (including any content described in this section): https://www.monkeymusic.co.uk/privacy-notice.

7.YOUR PASSWORD

5.6Please note that as part of the order process (and where you have not previously registered with us)  you will be asked to register an account with us.  On registration, you will be asked to choose a user name and password (this will be your “ID”) this is personal to you. The email address that you provide must correspond to a named email account and not a generic or shared email account.

5.7If we provide you with a user name and password, it is your responsibility to ensure that these details are kept confidential at all times and you must not disclose your password to any third party.

5.8You must not share your ID or give access to the Monkey Music Content through your ID to anyone else without our consent. If you do, this is a breach of these terms and would entitle the contract with you to be terminated and no further bookings to be accepted from you

5.9If you believe there has been any theft or unauthorised use of your ID or any payment information, you should notify us immediately by emailing [email protected] and immediately change your password by using the ‘Forgot your password?’ function on our website.  We are not liable for any loss resulting from your failure to protect the confidentiality of your user name or password.

5.10We recommend that you change your user password regularly.  Changes to your ID can be made by logging in to the Parent Zone area of our website.

8.OUR LIABILITY

1.If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our failure or negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both of us at the time you accessed or used Monkey Music at Home and accepted these terms. We do not accept liability for any loss or damage which was not foreseeable.

2.To the extent we may lawfully do so we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity.

3.However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

4.Nothing in these terms affect your legal rights as a consumer. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9.LAWS

1.If any of the terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.

2.These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.